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CHURCH: A church, synagogue, rectory, parish house or similar building incidental to the particular use which is maintained and operated by an organized group of people for religious purposes.
COIN OPERATED AMUSEMENT DEVICE: Any machine or device which upon insertion of a coin, slug, token, plate, disc or similar object, may be operated by the public generally by manipulating special equipment whereby a score is established, the object of which is to secure a special number or numbers or a total score, whether a prize is offered or not.
OPERATOR: Any person, firm, corporation, partnership, association or club who sets up for the operation by another or leases or distributes for the purpose of operation by another, any device as herein defined, whether such setting up for the operation, leasing or distributing be for a fixed charge or rental, or on the basis of a division of the income derived from such device, or otherwise.
PLAYGROUND: An area or piece of land used for and equipped with facilities for recreation especially by children, except for those which are accessory to a private residence or a prekindergarten daycare facility.
PROPRIETOR: Any person, firm, corporation, partnership, association or club who, as the owner, lessee, or proprietor has under his or its control any establishment, place or premises or portion of any place or premises in or at which such device, as is herein defined, is placed or kept for use or play, or on exhibition for the purpose of use or play.
SCHOOL: Any school except a prekindergarten daycare facility, having regular sessions with regularly employed teaching subjects which are fundamental and essential for a general academic education, under the supervision of and in accordance with the applicable statutes of the state. (Ord. 81-985, 4-23-1981; amd. Ord. 82-1056, 7-21-1982; Ord. 91-2131, 2-4-1991)
The license fee for each "operator" and each "proprietor" as herein defined shall be as established by the annual fee ordinance. In the event that the proprietor is not an operator, then the operator and proprietor shall apply jointly for a license as is required in section 3-13-2 of this chapter. All said license fees shall be payable annually in advance; provided, that where application is made after the expiration of any portion of any license year, the license may be issued for the remainder thereof upon payment of the annual fee. In no case shall any portion of said license fee be repaid to the licensee. (Ord. 89-2004, 11-20-1989)
Every proprietor shall obtain, in addition to an operator's license and a proprietor's license, prior to setting up or making available to the public, a license for each machine or device, as herein defined. The license fee shall be as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” for each machine or device, as herein defined, set up or made available for operation. All license fees shall be payable annually in advance; provided, that where application is made after the expiration of any portion of any license year, a license may be issued for the remainder thereof upon payment of the annual fee. In no case shall any portion of said license fee be refunded to the licensee. The machine or device licenses and all transfers thereof shall be incorporated and made a part of the operator's and proprietor's licenses issued in accordance herewith. A machine license may be transferred to any other coin operated amusement device, so long as the subsequent coin operated amusement device is used and maintained under the operator's and proprietor's licenses as was the prior machine. (Ord. 89-2004, 11-20-1989; amd. Ord. 2021-4921, 9-20-2021)
(A) Application for licenses hereunder shall be filed in writing together with the proper license fee with the business office manager, on a form to be provided by the village and shall specify: (Ord. 89-1884, 8-7-1989; amd. Ord. 94-2583, 9-19-1994)
1. Name and address of the applicant(s) if a person, and the name of the principal officers and directors thereof if the applicant is a firm, corporation, partnership, association or club.
2. Address of the premises where the licensed device or devices are to be operated, together with the character of the business as carried on at such place.
3. Trade name and general description of the device to be licensed, the name of the manufacturer and the serial number and, if the applicant is a proprietor, the number of devices to be licensed.
4. Name and address of the operator(s) of the devices(s), if other than the proprietor(s). (Ord. 89-1884, 8-7-1989)
5. A floor plan of the premises were the licensed device or devices are to be located including a detail of the area of the premises to be used for the location of the license or devices. The plan shall be sufficiently dimensioned to show the gross square footage of the premises and the square footage of the area in which the devices are to be located. (Ord. 90-2058, 7-2-1990)
6. All such other information as may be requested by the application form as amended from time to time. (Ord. 98-2956, 2-2-1998)
(B) An application for a license hereunder shall be referred by the business office manager to the chief of police and the building commissioner for investigation of the premises and applicant to be licensed. The investigation reports shall be forwarded to the business office manager for review. Based on the application, investigations or any other available information, the business office manager shall approve the application unless he finds that: (Ord. 89-1884, 8-7-1989; amd. Ord. 94-2583, 9-19-1994)
1. Applicant, operator or proprietor is not of good character and reputation in the community in which each resides or transacts business; or
2. Applicant, operator or proprietor has been convicted of a misdemeanor or felony under any federal or state law, unless such person demonstrates that he has been sufficiently rehabilitated to warrant the public trust; or
3. Applicant, operator or proprietor has had a business license, which was issued by the village, revoked, unless such person demonstrates through clear and convincing evidence that a new license should be issued; or
4. Applicant, operator or proprietor is not in compliance with any requirements of this chapter; or
5. Business of the applicant, operator or proprietor is conducted by a manager or agent, and said manager or agent does not possess the same qualifications required by the licensees; or
6. Applicant, operator or proprietor is a copartnership, and if any general partnership thereof, or any limited partnership thereof, owning more than five percent (5%) of the aggregate limited partner interest in such copartnership would not be eligible to receive a license hereunder; or
7. Applicant, operator or proprietor is a corporation, and if any officer, manager or director thereof, or any stockholder or stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder; or
8. Applicant, operator or proprietor is a corporation unless it is incorporated in Illinois, or unless it is a foreign corporation which is qualified under the "business corporation act of 1983" to transact business in Illinois. (Ord. 89-1884, 8-7-1989)
(C) If the application is approved by the business office manager, the license shall be issued and the business office manager shall remit the license fee to the village treasurer. All licenses under this chapter shall expire on December 31 following their issuance. The operator/proprietor's license shall be posted in a conspicuous place in the establishment of the licensee. The business office manager shall also furnish and there shall be prominently displayed on and affixed to each device, a serially numbered decalcomania sticker. All licenses shall be nonassignable and nontransferable, except as set forth in section 3-13-4 of this chapter. All licenses shall apply only to the premises for which such license is issued. No more than one device shall be operated under one machine license.
(D) If the application is not approved by the business office manager, the business office manager shall return the license fee and the business office manager's findings to the applicant. The applicant may appeal the business office manager's decision to the corporate authorities who shall review all the information available and shall give the applicant notice and an opportunity to be heard. The decision of the corporate authorities shall be final. The decision to deny an application shall be based on one or more of the standards set forth in subsection (B) of this section. (Ord. 89-1884, 8-7-1989; amd. Ord. 94-2583, 9-19-1994)
(E) Application for renewal of licenses herein may be granted or denied in the same manner as an original application. No license shall be renewed unless information required and set forth by the applicant on the current license is identical to the information set forth on the application for renewal. (Ord. 89-1884, 8-7-1989)
In the event a proprietor licensed under the provisions of this chapter desires, after the expiration of any portion of any license year, to increase the number of devices to be used or played, or exhibited for use or play in his establishment, he shall surrender his license to the business office manager who shall issue a new proprietor's license showing the number of devices licensed thereunder, upon payment of the proper proprietor's license fee plus the proper license fee together with the entire annual fee for each additional machine or device. (Ord. 89-2004, 11-20-1989; amd. Ord. 94-2583, 9-19-1994)
Any proprietor who owns such device or devices at the time this chapter becomes effective shall file with the business office manager evidence of such ownership prior to the issuance of a license; and any proprietor purchasing a device or devices after the effective date of this chapter shall file with the business office manager evidence of ownership thereof before exhibiting or placing said device or devices for use or play. (Ord. 81-985, 4-23-1981; amd. Ord. 94-2583, 9-19-1994)
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